Brace yourself for another SCOTUS fight…
Justice Stephen Breyer, 83, was appointed to the Supreme Court by Bill Clinton in 1994 replacing retiring justice Harry Blackmun who was the author of the Court’s decision on Roe v. Wade.
Although the news isn’t yet official, news outlets are reporting that Breyer intends to retire at the end of this SCOTUS term after 27 years on the Court. This would allow Joe Biden to appoint a replacement and not lose one of the three remaining liberal seats on the Court.
Justice Stephen Breyer will step down from the Supreme Court at the end of the current term, according to multiple reports on Wednesday, giving President Joe Biden a chance to name his own pick to the bench.
The current court term will end in June or early July. Biden has pledged to name a black woman as justice.
Breyer is one of the three remaining liberal justices, is the oldest member of the court and has been under pressure to step down in order to let Biden appoint his replacement…
…Breyer’s decision to retire after more than 27 years on the court allows Biden to appoint a successor who could serve for several decades. Biden’s appointee should maintain the current 6-3 split between conservative and liberal justices.
His pick is expected to be fast-tracked through the confirmation process.
Senate Democrats are promising a swift vote in order to get the nominee confirmed before the November midterm election in case Republicans win control of the Senate.
This isn’t much of a surprise. Libs are terrified that the same thing that happened with Ruth Bader Ginsburg would happen with Breyer. Ginsburg refused to retire despite her age and poor health. Even when there were loud calls for her to do so during the Obama administration, she insisted that she could continue to do her job. She died in September 2020 and President Trump filled the seat with Justice Amy Coney Barrett which (theoretically) gave the Court a 6-3 conservative majority.
Democrats have also been calling for Breyer to step down in order to replace him with a younger and “more diverse” candidate.
Joe Biden had pledged when he was running for President that he would appoint the first black woman on the Supreme Court if given the opportunity.
The question of who Biden would nominate if a vacancy occurred comes up every now and again. White House Press Secretary Jen Psaki was asked in March 2021 about how firm Biden’s commitment was to nominate a black woman to the Supreme Court.
White House Press Secretary Jen Psaki was asked about it again on Wednesday.
— CSPAN (@cspan) January 26, 2022
POLITICO reports that Breyer told Biden of his intention to retire last week and indicated he would follow up with an official letter.
Biden is expected to act quickly to nominate a successor who can be ready to serve when the court’s new term begins Oct. 3.
Senate Democratic Leader Chuck Schumer said Biden’s pick would be confirmed with ‘all deliberate speed.’
‘President Biden’s nominee will receive a prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed,’ Schumer said in a statement on Wednesday.
Source: Daily Mail
Justice Breyer is reported to be upset that the news leaked out today.
Multiple sources tell me Justice Breyer was not planning to announce his retirement today. They describe him as “upset” with how this has played out. We still await any official notice from his office and/or the #SCOTUS public information office.
— Shannon Bream (@ShannonBream) January 26, 2022
Biden responded to the reports on Wednesday afternoon.
A rumor has been going around for a few months that Biden may appoint Kamala to the Supreme Court as a way of getting rid of the unlikeable, cackling dead weight that has a lower approval rating than he does.
At a White House Press Briefing, Peter Alexander of NBC asked if Kamal was on the shortlist.
Asked about President Biden potentially nominating VP Kamala Harris for SCOTUS, @PressSec says: “The President has every intention, as he said before, of running for reelection and running for reelection with Vice President Harris on the ticket as his partner.”
— Sabrina Siddiqui (@SabrinaSiddiqui) January 26, 2022
It would certainly be a strategy of getting her off the ticket in 2024.
The timing of Breyer’s retirement at the end of the term would mean that his replacement is safely in place before the 2022 midterms.
It’s too dicey to wait until afterward with the Senate at a 50/50 split and Democrats tanking in polls all over the country.
But this also means that the two Democrat Senators that fellow Democrats have demonized and President Biden had said were on the same side as segregationists and the Confederate President for not nixing the filibuster will be voting on his SCOTUS nominee.
50/50 senate. No way you vote on a supreme court judge
— Comfortably Smug (@ComfortablySmug) January 26, 2022
BREAKING: Manchin and Sinema get to pick a Supreme Court Justice
— Wag the Poso ? (@JackPosobiec) January 26, 2022
But that raises questions… what happens if there’s a party-line split on Biden’s SCOTUS nominee?
Does Kamala become the tie-breaker? Would that even work?
Great q from @marykbruce — one that Psaki wasn’t prepared to answer:
— Steven Portnoy (@stevenportnoy) January 26, 2022
It looks like we’re going to find how that works as long as the GOP doesn’t squish when Biden trots forward his diversity nominee.
Always remember what these a-holes did to Brett Kavanaugh.
Steel your spines, Republicans. Steel your spines and channel your inner Graham-bo.
“Boy, y’all want power. God, I hope you never get it.” pic.twitter.com/HEXjR7cpU6
— Jake Schneider (@jacobkschneider) September 21, 2020